Legal Research and Writing
Expert-defined terms from the Graduate Certificate in Construction Law and Dispute Resolution course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**Adjudication** #
**Adjudication**
Adjudication is a statutory dispute resolution process in construction contracts… #
It is a binding decision made by an adjudicator, who is an independent and impartial expert. The adjudicator's decision is temporarily binding and can be enforced by the court. Related terms include dispute resolution, arbitration, and litigation.
**Alternative Dispute Resolution (ADR)** #
**Alternative Dispute Resolution (ADR)**
Alternative Dispute Resolution (ADR) is a term used to describe any method of re… #
ADR includes negotiation, mediation, arbitration, and adjudication. ADR is often faster, less expensive, and more informal than litigation. Related terms include dispute resolution, litigation, and negotiation.
**Appeal** #
**Appeal**
An appeal is a legal process in which a party seeks to have a higher court revie… #
In construction law, appeals may be made in relation to decisions made in litigation, arbitration, or adjudication. The appellate court will review the record of the lower court and may hear oral arguments before making a decision. Related terms include appellate court, lower court, and standard of review.
**Arbitration** #
**Arbitration**
Arbitration is a form of alternative dispute resolution in which a neutral third… #
Arbitration is often faster and less expensive than litigation, and the decision of the arbitrator is final and binding. Related terms include alternative dispute resolution, litigation, and arbitrator.
**Bifurcation** #
**Bifurcation**
Bifurcation is the separation of a trial into two parts #
In construction law, bifurcation may be used to separate liability and damages issues. This allows the court to make a determination on liability first and then address damages at a later date. Bifurcation can help to simplify complex cases and make the trial process more efficient. Related terms include trial, liability, and damages.
**Building Act** #
**Building Act**
The Building Act is a set of laws and regulations that govern the construction i… #
The Act sets out the requirements for building permits, inspections, and certificates of occupancy. It also establishes the roles and responsibilities of building officials, designers, and contractors. Related terms include building permit, inspection, and certificate of occupancy.
**Building Code** #
**Building Code**
The building code is a set of rules and regulations that govern the design, cons… #
The code is designed to ensure the safety and health of building occupants. It covers a wide range of topics, including structural integrity, fire safety, and accessibility. Related terms include building official, permit, and inspection.
**Building Official** #
**Building Official**
A building official is a person who is responsible for enforcing the building co… #
Building officials are typically employed by local governments and have the authority to issue building permits, conduct inspections, and issue citations for code violations. Related terms include building code and permit.
**Building Permit** #
**Building Permit**
A building permit is a document issued by a building official that authorizes th… #
The permit ensures that the proposed work complies with the building code and other applicable laws and regulations. Related terms include building official and building code.
**Case Law** #
**Case Law**
Case law is a term used to describe the legal principles established by court de… #
Case law is based on the principle of stare decisis, which means "to stand by things decided." Under this principle, courts are bound by the decisions of higher courts in the same jurisdiction. Related terms include stare decisis and precedent.
**Certificate of Occupancy** #
**Certificate of Occupancy**
A certificate of occupancy is a document issued by a building official that cert… #
The certificate is typically required before a building can be occupied or used for its intended purpose. Related terms include building official and building code.
**Challenge for Cause** #
**Challenge for Cause**
A challenge for cause is a request made by a party to disqualify a juror for bia… #
A challenge for cause is based on the grounds that the juror cannot fairly and impartially consider the evidence and render a verdict. Related terms include juror, bias, and prejudice.
**Civil Law** #
**Civil Law**
Civil law is a branch of law that deals with disputes between private parties #
Civil law covers a wide range of topics, including contracts, torts, and property law. In contrast to criminal law, civil law is focused on resolving disputes and providing compensation to injured parties. Related terms include criminal law, tort, and contract.
**Claim** #
**Claim**
A claim is a demand for payment or other relief made by one party against anothe… #
In construction law, claims may be made for a variety of reasons, including delays, defective work, and breach of contract. Related terms include payment claim, breach of contract, and defective work.
**Code of Practice** #
**Code of Practice**
A code of practice is a set of guidelines that outlines the expected behavior an… #
Codes of practice are typically developed by professional organizations or government agencies and are designed to promote ethical conduct and high standards of practice. Related terms include professional organization and ethics.
**Common Law** #
**Common Law**
Common law is a legal system that is based on the principles established by cour… #
Common law is based on the principle of stare decisis, which means "to stand by things decided." Under this principle, courts are bound by the decisions of higher courts in the same jurisdiction. Related terms include case law and precedent.
**Complaint** #
**Complaint**
A complaint is a legal document that initiates a lawsuit #
The complaint sets out the plaintiff's allegations and demands relief. In construction law, complaints may be made for a variety of reasons, including breach of contract, negligence, and fraud. Related terms include lawsuit, plaintiff, and breach of contract.
**Concurrent Delay** #
**Concurrent Delay**
Concurrent delay is a delay that is caused by two or more events, each of which… #
Concurrent delay can make it difficult to determine which party is responsible for the delay and may result in a dispute. Related terms include delay, responsibility, and dispute.
**Conflict of Interest** #
**Conflict of Interest**
A conflict of interest is a situation in which a person's personal or profession… #
In construction law, conflicts of interest may arise when a person or company has a financial or personal interest in the outcome of a project or dispute. Related terms include financial interest and personal interest.
**Construction Contract** #
**Construction Contract**
A construction contract is a legally binding agreement between a contractor and… #
The contract typically includes provisions related to scope of work, payment, and liability. Related terms include contractor, property owner, and scope of work.
**Contractor** #
**Contractor**
A contractor is a person or company that is hired to perform construction work #
The contractor is responsible for completing the work in accordance with the terms of the construction contract. Related terms include construction contract and property owner.
**Defective Work** #
**Defective Work**
Defective work is work that does not comply with the standards set out in the co… #
Defective work may result in a claim for damages or other relief. Related terms include construction contract and building code.
**Delict** #
**Delict**
Delict is a term used in civil law systems to describe a wrongful act that resul… #
Delict includes a wide range of wrongful acts, including negligence, trespass, and defamation. Related terms include negligence, trespass, and defamation.
**Delivery Schedule** #
**Delivery Schedule**
A delivery schedule is a document that sets out the dates and times for the deli… #
The delivery schedule is typically included in the construction contract and is designed to ensure that the project stays on schedule. Related terms include construction contract and construction schedule.
**Deposition** #
**Deposition**
A deposition is a formal statement made under oath in response to questions from… #
Depositions are typically taken in advance of trial and are used to gather information and evidence. Depositions may be used to impeach witnesses at trial or to support a motion for summary judgment. Related terms include trial, impeach, and motion for summary judgment.
**Discovery** #
**Discovery**
Discovery is a pre #
trial process in which parties exchange information and evidence related to the case. Discovery may include the exchange of documents, depositions, and other forms of evidence. The purpose of discovery is to ensure that both parties have access to all relevant information and evidence before trial. Related terms include pre-trial, evidence, and trial.
**Dispute Resolution** #
**Dispute Resolution**
Dispute resolution is the process of resolving disputes between parties #
Dispute resolution may involve negotiation, mediation, arbitration, or litigation. The goal of dispute resolution is to reach a mutually acceptable resolution of the